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Old 08-12-2014, 06:24 PM
 
2 posts, read 17,178 times
Reputation: 13

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I currently live in a luxury apartment with my girlfriend and unfortunately she has been unable to keep up with the payments. I've made my payments on time but every month when rent's due she's always late.

Today we got hit with a 2 day notice to pay 1330 dollars and neither of us have that money. I paid what i was supposed to but the 1330 dollars is her portion plus late payments. She gets paid on friday but due to her overdraft payments she's not going to have enough.

This is a never ending cycle we cannot seem to get out of. I reached out to the apartment complex before because this is not the first time its happened and they stated that if we don't pay within 2 days. It goes to a lawyer and we will be summoned to goto court plus a 500 dollar fee not including court fees.

What is the best approach to get out of this mess? Can we ask them to use our deposit and them give a 30 day notice to get out of the place? Its sad but if we are forced to move out, we're probably going to break up and live in difference places.

If we do goto court and theres a judgement, does it go on my credit report or just hers?

Please let me know your thoughts.
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Old 08-12-2014, 06:29 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,710,891 times
Reputation: 26727
Quote:
Originally Posted by cosigner71 View Post
1. Can we ask them to use our deposit and them give a 30 day notice to get out of the place? Its sad but if we are forced to move out, we're probably going to break up and live in difference places.

2. If we do goto court and theres a judgement, does it go on my credit report or just hers?
1. You can ask but whether or not they'll agree is entirely up to them.

2. You need to avoid court at all costs as this will put a blot on your record for a long time to come and many landlords won't even consider renting to someone with an eviction on their record. Yes, you will likely both be named in the suit.

And an unsolicited word of advice - live within your means!
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Old 08-12-2014, 06:47 PM
 
2 posts, read 17,178 times
Reputation: 13
you're absolutely right about living within your means. Lesson learn and i will never make this mistake again.

I just sent an email to the customer service reps onsite and i guess we'll see what happens.

Terrible day…
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Old 08-12-2014, 09:38 PM
 
9,913 posts, read 9,593,779 times
Reputation: 10109
If you are a co-signer, you are 100% responsible for 100% of the rent.

Not that you hope it will be that way, but the truth is, that is what a co-signer is for- guaranteeing that the rent will be paid in full.

I have heard that it does affect YOUR credit rating which is why all the financial advice is NEVER be a co-signer.

I would not live with your girlfriend anymore unless you are willing to pay 100% of the rent always.

I dont know about the rest, sorry.
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Old 08-12-2014, 09:48 PM
 
Location: SoCal
14,530 posts, read 20,128,038 times
Reputation: 10539
I think your best bet is:

1. Discuss this with your landlord and explain that you have been living beyond your means and you want to get out gracefully and with your credit record intact. If I were your landlord I would help you by advertising your apartment to get a new replacement tenant ASAP. I would also hold you and your co-tenant for every dollar you owe me, but you can't get blood out of a potato so I would try to be reasonable and set up a payment plan after you move out. I would send you to a collection agency only if you default on your payment plan.

2. At the same time try to find "non-luxury" housing that you can actually afford, so that when your landlord finds a substitute tenant you are able to move promptly.

$2,660 is pretty steep. You didn't say where you live. In Phoenix you could get a pretty nice house for not much more than half that, with your own private swimming pool. Ask me how I know that. Of course you'd have to live with 110 degree days most of the summer, and I wouldn't want to live in that. But Phoenix has a 25% lower cost of living than Los Angeles, and an improving economy vs. California's "deproving" economy, that might have something to do with it.

But step #1 is to inform your landlord that you are distressed and need help getting out, and step #2 is to find much less expensive quarters when your landlord is able to re-rent your apartment.
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Old 08-12-2014, 11:05 PM
 
Location: Ohio
5,624 posts, read 6,846,119 times
Reputation: 6802
Yes the eviction will go on both your records (court records) and credit reports. It will show as eviction and then how much you owe. On your credit report it will say the same. It doesnt just ding your credit a few points, its actually a huge dip. My husbands was about 30pts up after we had it removed.
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Old 08-12-2014, 11:09 PM
 
Location: LA, CA/ In This Time and Place
5,443 posts, read 4,680,255 times
Reputation: 5122
You need to either move out and find somewhere you can afford, and maybe not live with your girlfriend until she gets her act together. It is not fair to you, good luck.
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Old 08-13-2014, 03:04 AM
 
10,746 posts, read 26,026,661 times
Reputation: 16033
They will evict both of you...they have to...you're both living in the unit. Let me understand this...you're living in the unit and you cosigned for your gf? That's new to me...most cosigners do not live in the unit. Huh...learn something new everyday.

I suggest you find the money for the unpaid balance and talk to your landlord about breaking your lease. Depending on what your SD is, they might accept that as the penalty instead of asking for 2mths rent. Remember, you will be held responsible for any damage or cleaning the unit needs after moving out so make sure the place is in tip top shape.

Some more unsolicited advice....live within your means, live on your own and stop supporting your gf, and never cosign anything for anyone.
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